Kentucky Legislative Ethics Commission

Minutes

Kentucky Legislative Ethics Commission October 10, 2000

The Kentucky Legislative Ethics Commission held its regularly scheduled meeting at 10:00 a. m. in Room 111 of the Capitol Annex.

Present were: Lloyd Clapp, Pat Freibert, Ann B. Henn, Clarence Jackson, John Shepherd, Rebecca Tomblinson, George Troutman, and Judge Bruce Lester.

Absent was: Judge Michael O. McDonald

LEC Staff: Judge Anthony Wilhoit, Lee Rowland, Paula Pabon, and Donnita Crittenden.

Judge Bruce Lester called the meeting to order. Judge Lester asked for a motion to approve the minutes of the September meeting. Mr. Troutman moved and Mrs. Tomblinson seconded the motion to approve the minutes. All were in favor.

Mr. Troutman stated that the budget and monthly expenditure report were in order and should be approved.

Anthony Wilhoit, Executive Director, presented a staff report. Judge Wilhoit stated that he would be returning from the COGEL Conference to present an orientation session for freshmen legislators.

Paula Pabon, Legal Counsel, reported that she would be a panelist at the COGEL Conference in December. She will be presenting in a session on Lobbying Updates. She has accumulated information from COGEL members relative to changes in their lobbying laws, administrative hearings, and court cases.

Judge Wilhoit stated that members of COGEL had visited Kentucky and had been given a tour of the Hyatt, the Keeneland Barn where the annual dinner will be held, and had toured the Gainesborough Horse Farm. Everyone enjoyed the visit and we feel confident that our agency is ready to host a successful conference. Commission members were encouraged to make arrangements for the COGEL Conference in Tampa as soon as possible. A reception will be hosted by the Commission on Saturday, December 2, which will be the official invitation to conference members to attend the Kentucky COGEL Conference in 2001.

Minutes Page Two October 10, 2000

Donnita Crittenden, Staff Assistant and Systems Administrator, reported that the meetings of the Commission and other information have been added to the web site. She has attended a two-day training session on web site maintenance, and we have ordered a new software program which allows her to make changes and improvements to the current site.

Paula Pabon reported that under the new administrative procedure for assessing fines for late filing of updated registration statements the Commission has collected $2650. Fines pending are $2,400.

Judge Wilhoit updated Commission members on investigations, the complaint process and civil penalties.

Lee Rowland, Enforcement Counsel, reviewed a letter from the Home of the Innocents, an employer of legislative agents. He reported that the employer and three agents had been assessed a fine of $100 each. Mr. Troutman moved and Mr. Shepherd seconded the motion to uphold the $100 fine with the stipulation that the Home of the Innocents could come to the Commission meeting to appeal the decision. All were in favor, and the staff were asked to notify them of the decision.

An adjudicatory hearing was held in the matter of John Wyatt and his failure to file a financial disclosure form with the Commission as a candidate for the General Assembly. Under a sworn statement, Mr. Wyatt presented his reasons for failure to file the financial disclosure. Lee Rowland recommended that Mr. Wyatt be fined an amount that would reimburse the Commonwealth for any expenses incurred during this investigation. This would include the salary and travel and other expenses incurred by the investigator who handled the case. Mrs. Freibert moved and Mrs. Henn seconded a motion to impose a penalty on Mr. Wyatt that would reimburse the Commonwealth for any expenses resulting from the filing of the complaint and subsequent investigation. All were in favor except Mr. Troutman who stated that it was his feeling that the fine should have been substantially greater since this matter had begun in February.

Judge Lester asked for a motion to enter into Executive Session to consider complaints and confidential matters. Mrs. Tomblinson moved and Mrs. Henn seconded a motion to enter into Executive Session.

Upon returning from Executive Session there being no further business, the meeting was adjourned until November 14, 2000.